Effect this measure will have on costs and revenues of state government.

The State currently collects DNA samples from all convicted felons as part of the DNA Database Law (15-2B). The DNA samples are submitted to the West Virginia State Police Crime Lab for database entry and preparation. Through a cooperative agreement with the Marshall University Forensic Science Center (MUFSC) the samples area analyzed and the data returned to the State Police for review and upload to the DNA database (CODIS). This legislation will increase the number of samples analyzed per year by up to 8,000 samples. An additional Evidence Technician will be needed at the State Police to prepare the samples, perform data entry duties and distribute kits to the various arresting authorities or booking locations. MUFSC has determined that they can provide the collection kits, postage and analysis of these samples for $39.28 dollars per sample.

Fiscal Note Detail

Over-all effect

Effect of Proposal

Fiscal Year

2011Increase/Decrease(use"-")

2012Increase/Decrease(use"-")

Fiscal Year(Upon FullImplementation)

1. Estmated Total Cost

359,151

357,751

357,751

Personal Services

27,312

27,312

27,312

Current Expenses

314,240

314,240

314,240

Repairs and Alterations

0

0

0

Assets

1,400

0

0

Other

16,199

16,199

16,199

2. Estimated Total Revenues

0

0

0

3. Explanation of above estimates (including long-range effect):

One additional position will be required for the Biochemistry Section of the State Police to handle the increased number of samples. The estimate for the number of samples is derived from West Virginia UCR reports and the experience of other states on the number of actual samples received versus the number of felony offenses recorded in a given year. The cost per sample came directly from MUFSC. Since MUFSC already analyzes convicted offender DNA samples under a cooperative agreement with the State Police there is no need for additional infrastructure at this time. If an adequate system can be created to identify individuals who are already in the State database prior to the collection of the samples then it is possible that the number of samples collected per year could decrease to only include first time offenders. The identification of duplicates should offset the gradual increase in costs. If MUFSC is no longer able to fulfill their side of the cooperative agreement, then infrastructure costs such as additional personnel and equipment may be necessary for the program to continue.

Memorandum

Marshall University Forensic Science Center (MUFSC) can test offender samples for $39.28 per sample. If MUFSC is paid directly perhaps they should generate their own fiscal note confirming the per sample cost. The $314240 per in current expenses is in addition to the $450000 dollars per year for the convicted offender samples currently being tested. The State Police will need to fund one additional evidence technician position as well as the computer/monitor for the database work. If MUFSC is unable to continue testing these samples or if the cooperative agreement is dissolved for some other reason then the total funds of approximately $ 800,000 would need to be directed to the West Virginia State Police Forensic Laboratory.